If they are there checking the tags on the car, or they know it is a dope house there and they are checking on the activity going on there, they have a legal right to come up and knock on the door. 710.) Spencer initially denied being at the residence and any involvement in the shootings, claiming that he hid in the attic after hearing that officers were searching the neighborhood because he had two outstanding warrants and did not want to go to jail. This Court stated: A corollary to the accused's right to compulsory process is the court's obligation to ensure that that right is not violated for procedurally pretextual reasons. We are sad to announce that on October 7, 2021, at the age of 65, Kerry Donald Spencer (Fort Myers, Florida) passed away. Neil went home to be with his Lord and Saviour. Here, Spencer presented evidence indicating that he had ingested narcotics and alcohol the night before the shootings and the morning of the shootings. They're not a map to follow, but simply a description of what people commonly feel. On September 23, 2005, the trial court overrode the jury's recommendations and instead sentenced Spencer to death for the capital-murder convictions (CC-04-4129, CC-04-4130, CC-04-4131, and CC-04-4833); the trial court sentenced Spencer to life imprisonment for the attempted-murder conviction in case no. Defense counsel averred that a subpoena had been issued on May 17, 2005, to secure the presence of Cooper as a witness at trial. IF YOU ABIDE WITH GOD, HE WILL ABIDE WITH YOU. Thats when it hit me I should be dead, he said in 2005. He was 81 years old. Just don't spray me with that mace. (R. It must be shown that substantially favorable testimony would be given by the witness and that the denial of a continuance would materially prejudice the defendant. Family and friends are invited to a funeral service on Tuesday,. Rector further testified that the damage to Officer Owen's service weapon and holster was consistent with having occurred while the service weapon was in the holster, and that he recovered a bullet fragment from the holster that was consistent with having been fired from a rifle. My heart goes out to his family during this trying time. Spencer testified that Nate went to the front door and engaged in a discussion with an officer. I give up. Spencer v. State, [Ms. CR-04-2570, February 27, 2009] --- So.3d ----, ---- (Ala.Crim.App.2008). THE COURT: If he is going to take the Fifth Amendment, I need to know that. For the reasons that follow, we agree with the State. 1658.) To share condolences please visit www.brookhavenfuneral home.net. Police watchdog called in Guelph 5:57 pm - 3,689 views; Airline ticket scam Toronto 4:19 pm - 9,735 views; Injured, charged in shootout Alberta 4:08 pm - 8,562 views; More Canada News SPENCER, , KERRY DARNELL Age 34 of Rowlett, TX, passed away August 6, 2006. Sgt. 884 (1940); Moore v. State, 54 Ala.App. So he was going to do it because of the family. That's why he is going to take the Fifth Amendment. 1669.) Dumas testified that, after the officers left, he went back to sleep until he was awakened later, at which time he got up, washed his face, and then left the apartment to walk to the store a few blocks away. English (859) 233-1400 English. (R. 627, 634, 74 So. denied, 252 Ala. 60, 39 So.2d 421 (1949), and where the evidence of intoxication is offered by the State, see Owen v. State, 611 So.2d at 1127-28.'. It is well settled that [t]he statement of specific grounds of objection waives all grounds not specified, and the trial court will not be put in error on grounds not assigned at trial. Ex parte Frith, 526 So.2d 880, 882 (Ala.1987). The appellant, Kerry Spencer, was convicted of four counts of capital murder for his involvement in the shootings of four Birmingham police officers. June 17, 2004, started out as an unremarkable day for Birmingham Police Sgt. denied, 510 U.S. 905, 114 S.Ct. The family will receive friends Thursday evening at the funeral home from 6:00 to 8:00pm. This appeal, which is automatic when a defendant has been sentenced to death, followed. I am so happy I had him in my life. 1672.) Family and friends must say goodbye to their beloved Kerry Spencer Shoemaker (Saint Pete Beach, Florida), who passed away at the age of 82, on June 3, 2022. denied, 409 U.S. 1079, 93 S.Ct. Spencer testified that he told Nate they could not sell any drugs that day because of the increased scrutiny from the officers. Terry was known as a hustler. Additionally, Rule 17.5, Ala.R.Crim.P., provides that [a]ny witness who, after being subpoenaed, fails to appear at the time and the place as required by the subpoena, or who fails to remain until released, may be attached by order of the court. In Weaver v. State, 401 So.2d 344 (Ala.Crim.App.1981), this Court stated: Before it can be said that the accused has been denied this constitutional right, he must apply to the court for the issuance of an attachment and show to the court that the witness has been served with a subpoena a sufficient length of time before the trial to afford an opportunity to the witness to obey its mandate, that the witness is within the jurisdiction of the court, and that his attendance can be obtained within a reasonable time by the compulsory process, that such witness is absent without the procurement or consent of the accused, and that the testimony of the witness is material . Officer Collins stated that the individual told Officer Owen, [Y]ou hide behind that badge and gun. That was the first time I saw him. So do you really think once he talks to his lawyer that he is not going to invoke his Fifth Amendment privilege, especially in light of the fact he's told you he wouldn't come and has been apparently uncooperative? Here, the trial court considered the jury's recommendation as a mitigating circumstance and assigned it moderate weight. You will be greatly missed. So it's possible. SELLERS, KERRY DEWAYNE "SRELLES", age 30, passed away July 22, 2003. Spencer further stated that he did not stop shooting until the officers were down. Markesha Williams testified that she had been at the apartment the night before the shootings and both times the officers came to the apartment on the day of the shootings. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. Officer Collins testified that, as he and Officer Owen walked toward the back door, a man who was working on an automobile parked near the apartment got up and walked away, saying, I don't want no part of this. (R. Copyright 2023 Echovita Inc. All rights reserved. Slaughter testified that Officer Owens removed his badge, but put it back on when she walked over to him and had a conversation with him. Spencer did not claim to be intoxicated at the time of the shootings. [Defense counsel]: Well, we think we've proven self-defense in our-. On cross-examination, the following exchange occurred: [Defense counsel]: If somebody received gunshot wound B to the chest, would there be a short period of time afterward when myoclonic jerk could have been a factor? A neighbor came over and told them to stop the nonsense and persuaded Owen to put his badge back on. Kerry Spencer is a true professional. Travis Dumas testified that he lived at the apartment with Nate Woods, Nock Spencer, and Fernando Blue Belser at the time of the shooting. According to Washington, he saw the officers pull up and approach the apartment, but he denied speaking to them, saying that he stayed quiet because there was a warrant for his arrest. In determining this question evidence most favorable to the defendant should be considered and if there is the slightest evidence tending to prove a hostile demonstration which can be reasonably interpreted as placing the accused, at the time of the killing, in apparent imminent danger to life or other grievous bodily harm then the matter of self-defense becomes a question of fact for the jury., Byrd v. State, 257 Ala. 100, 104, 57 So.2d 388, 391 (1952). Remembering all the football games we played together at Sellers with all the other guys was such a joy. Kerry was a very special person, and I'm glad to have known him. Kerry Todd Hawkins . Receive obituaries from the city or cities of your choice. He was a native and resident of New Orleans, LA. Anthony Stanley . Dr. Simmons further testified that Officer Owen did not exhibit signs of stippling. 408, 73 So. Having reviewed the applicable legal authority, the arguments of the parties, and the record before this Court, we cannot say that reversible error occurred as to this claim. Rather, the trial court adequately protected Spencer's rights, including granting Spencer an overnight continuance to the following morning, and then conducting a thorough discussion on the record as to the status of the defense's efforts to locate the witness, the expected testimony of the witness, and the likelihood of the witness taking the stand if located. Spencer, citing Ring v. Arizona, 536 U.S. 584, 122 S.Ct. denied, 526 U.S. 1052, 119 S.Ct. I will always remember you as the awesome football player with the great personality! (Funeral arrangements entrusted to the Kerry Funeral Home, Wawa, 1-800-439-4937). If there is any evidence, however slight, tending to support that the defendant acted in self-defense, the issue should be submitted to the jury. May the love of friends and family carry you through your grief. In his amended sentencing order on return to our first remand, the trial court found that this mitigating circumstance was not present; it determined that Spencer presented no evidence to support this mitigating circumstance. (65 years old). Receive obituaries from the city or cities of your choice. After searching some of the houses, his team was informed that the other search party had encountered one of the suspects, so his team went to that residence to assist. Jerry has three wonderful children Jesse Spencer, Kim Ortega and Anna Pate. Additional testimony indicated that the 9mm Beretta handgun found behind the heater in the residence where Spencer was arrested was Officer Owen's service weapon. Woods' alleged accomplice, Kerry Spencer, confessed to being the sole gunman who killed the officers with a high-powered weapon, but separate juries convicted him and Woods of four capital murder charges, including killing the officers in the course of committing another crime. Services Where to Begin Service Options Honoring Veterans Payment . Jerry John Spencer, 75, passed away peacefully in the arms of his loved ones on October 29th, 2021 after a courageous battle with a lengthy illness. Does [Cooper] have pending criminal charges at this time? Williams testified that she then saw an officer come in with his gun out and she heard a third gunshot. James, Linda, "RAP" and the rest of the family are in our hearts and prayers. Over the years I have thought of Kerry and our times together while playing football, and I will always remember his smile and his laugh. I, 6, Alabama Constitution of 1901, affords, in pertinent part, an accused the right to have compulsory process for obtaining witnesses in his favor. However, in Smith v. State, 698 So.2d 189 (Ala.Crim.App.1996), this Court stated: To warrant a continuance on the ground that a witness is absent, it must be shown that the expected testimony of the witness is material and competent, that there is a probability that the evidence will be forthcoming if the case is continued, and that the moving party exercised due diligence to secure the evidence. Des Moines - Larry H. Spencer, 82, passed away on Saturday, May 21, 2022 which was Armed Forces Day. make a charitable donation in a loved ones memory, plant memorial trees in a loved ones name. I can understand why you wouldn't. MAY GOD CONTINUE TO BLESS YOU AND YOURS DURING THIS TIME OF GRIEF. 238, 240, 39 So.2d 419, 421, cert. The trial court instructed defense counsel to telephone Cooper at the number they had been given, but that number was the general office number for the apartment complex, rather than the specific apartment where Cooper was allegedly located. Spencer, Bill 81 May 21, 1935 June 17, 2016 William Bill Earl Spencer, of Portland, passed away June 17, 2016. The following morning, defense counsel informed the trial court that Cooper was again not present. Her son, Samuel Spencer, is 13 now, but was just a 1-year-old when. Spencer v. State, [Ms. CR-04-2570, April 4, 2008] --- So.3d ----, ---- (Ala.Crim.App.2008). An accused is entitled to have the jury consider the issue of his intoxication where the evidence of intoxication is conflicting, Owen v. State, 611 So.2d 1126, 1128 (Ala.Crim.App.1992); Crosslin v. State, 446 So.2d 675, 682 (Ala.Crim.App.1983), where the defendant denies the commission of the crime, Coon v. State, 494 So.2d at 187; see Moran v. State, 34 Ala.App. The trial court instructed the jury, in pertinent part, as follows: Number eight. On direct examination, Dr. Simmons testified as follows: [I]t's likely-in my opinion, you can't say absolutely, but it's likely he would have been immobilized right when he sustained [the gunshot wound to the torso]. (R. I'm not going to issue an attachment for him because he's not served. Why would it be relevant? In this case, the trial court considered the jury's recommendation as a nonstatutory mitigating circumstance and gave it moderate weight. As the United States Supreme Court stated in United States v. Young, 470 U.S. 1, 105 S.Ct. Take that badge and gun off, I'll fuck you up. (R. She stated on cross-examination that, after the officers left the first time that morning, she heard Nate and Spencer commenting that they was gonna get the officers if they returned, but she took their comments as joking and believed that [t]hey wasn't serious. (R. Raper v. State, 584 So.2d 544 (Ala.Cr.App.1991). Spencer also presented the testimony of his mother and his uncle concerning his good behavior as a child and that he was remorseful for the offenses. The evidence adduced at trial indicated the following: On July 17, 2004, Officers Carlos Owen, Harley A. Chisolm III, and Charles R. Bennett, of the Birmingham Police Department, were shot and killed, and a fourth officer, Officer Michael Collins, also of the Birmingham Police Department, was shot but survived. He loved telling stories, spending time with his grandchildren, playing cribbage and helping people. www.kerryfuneralhome.ca To plant a beautiful memorial tree in memory of Warren Spencer, please visit our Tree . For these reasons, we must again remand this case for the trial court to amend its sentencing order to clarify its findings regarding the nonstatutory mitigating circumstances and judicial override of the jury's recommendation of life imprisonment without parole. (R. (R. There are no events at this time. That's why you deal with the witness's lawyer rather than directly with him. At that point, Officer Bennett was paralyzed and would not have been able to move to touch the defendant's leg. Officer Jody Jacobs of the Birmingham Police Department testified that he interviewed Spencer at the police station after Spencer was taken into custody. Kerry had the zest for life and it showed through his many endeavors over the years. Trending I'm not going to just stop with this being your last witness and sit around on something that may not even be admissible while some futile search is made for somebody who won't cooperate, doesn't want to be a witness, who's got some criminal exposure and a lawyer that I can't even track down. Dumas testified that after the officers left he heard Spencer say that if the officers returned he was going to bust em, which he interpreted to mean that Spencer was going to shoot the officers. Would you like to offer Kerry Donald Spencers loved ones a condolence message? According to court documents the three police officers were attempting to serve an arrest warrant on Nathaniel Woods when the two men opened fire killing Carlos Owen, Robert Bennett and Harley Chisholm. It would soon become the deadliest day in the departments history.Collins, then 37 and not yet a sergeant, had worked in the West Precinct for 10 years after leaving the Army, having served stints in Berlin and Operation Desert Storm. It was a good thing. Private interment at Fort Snelling National Cemetery. She stated that she next saw the officers take Nate down inside the kitchen and that she got up and went into the bathroom. 2984, 165 L.Ed.2d 990 (2006). Echovita offers a solidarity program that gives back the funds generated to families. Jerry was born on March 12, 1946 to Gertrude. As this Court indicated in Odoms v. State, 359 So.2d 1162 (Ala.Crim.App.1978), a person was authorized under common law to kill an officer in resisting an unlawful arrest only where necessary to save his own life or to save himself from serious bodily harm, provided that the necessity was real or apparent. He further stated that Curly had tried to push his way into the apartment window on a previous occasion but that Nate had grabbed a videocassette recorder and videotaped the incident, startling Curly and forcing him to leave. The state contends that the appellant's motion for a subpoena amounted to a motion for a continuance. According to Dumas, when he began walking back to the apartment, he saw a large number of police officers, so he continued walking to a different location. Lawyers for Nathaniel Woods, 42, have maintained his innocence, pointing out that another defendant in the case, Kerry Spencer, confessed that he was the sole gunman in the 2004 slayings.. A number of officers canvassed the neighborhood after failing to locate the suspects in their initial search of the apartment. 2450, 124 L.Ed.2d 666 (1993); and Ex parte Slaton, 680 So.2d 909, 924 (1996) ( While Lockett and its progeny require consideration of all evidence submitted as mitigation, whether the evidence is actually found to be mitigating is in the discretion of the sentencing authority. ) (quoting Bankhead v. State, 585 So.2d 97, 108 (Ala.Crim.App.1989), cert. Gunfire erupted. . Thus, we find no error, plain or otherwise, in the trial court's giving of the State's requested instructions eight and nine. 2954, 57 L.Ed.2d 973 (1978); Ex parte Hart, 612 So.2d 536, 542 (Ala.1992) (Lockett does not require that all evidence offered as mitigating evidence be found to be mitigating.), cert. This comes out of the Code of Alabama 1975, 13A-3-28. 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